Prohibited Animals Ordinance

VILLAGE OF STRATTON

ORDINANCE NO. 209

AN AMENDING MUNICIPAL CODE SECTION 93.44 OF CHAPTER 93 OF TITLE IX RELATING TO PROHIBITED ANIMALS; TO REPEAL CONFLICTING ORDINANCES AND SECTIONS; TO PROVIDE AN EFFECTIVE DATE

BE IT ORDAINED BY THE CHAIRMAN AND BOARD OF TRUSTEES OF THE VILLAGE OF STRATTON, NEBRASKA:

           SECTION 1.  Section 93.44 of Chapter 93 of Title IX entitled “Prohibited Animals”, of the Municipal Code of the Village of Stratton, Nebraska is hereby amended by amending and/or adding the following:

§93.44 PROHIBITED ANIMALS

1. The term “Prohibited Animals” as used herein shall include the following:

1. Any animal with a propensity, tendency or disposition to attack, to cause injury or damage or otherwise endanger the safety or human beings or domestic animals.

2. Any animal which attacks a human being one (1) time without provocation or has severely injured or killed a domestic animal while off the owner’s property or attacks a domestic animal on two or more occasions without provocation.

3. Any animal previously determined to be a potentially dangerous animal by Municipal Law Enforcement and the owner has received notice of which determination and such animal again aggressively bites, attacks, or endangers the safety of humans or domestic animals. An animal shall not be defined as a “prohibited animal” if the bite, attack or endangerment was to a person who, at the time, was committing a willful trespass or any other tort upon the property of the owner of the animal, or who was tormenting, abusing or assaulting the animal, or who has, in the past, been observed or reported to have tormented, abused, or assaulted the animal, or who was committing or attempting to commit a crime at the time of the bite, attack or endangerment.

4. Except as provided in subsection (B) of this section, any llamas, mules, cattle, sheep, goats, swine, hogs or similar animals or any chickens, ducks, geese, turkeys, guineas, ostriches, peacocks or other fowl.

2. No person may own, harbor or care for a “prohibited animal” as defined herein within the Village limits, except such persons who continue, without interruption, to reside on a property where animals described in Section (A)(5), above, were located prior to passage and approval of this ordinance and which continue to be located on such property without interruption. The foregoing exemption shall not apply if (1) the number of animals on the property where they are located is increased; or (2) if the property on which they are located changes ownership; or (3) if the prohibited animals include animals other than the type located on the property at the effective date of this ordinance. The burden of establishing rights to exempt status under this provision shall be upon the owner of the animals.

3. The keeping, maintaining, owning or harboring of a “prohibited animal” within the Village limits is hereby declared a nuisance as being against the public safety.

4. It shall be the duty of Municipal Law Enforcement to capture and remove in a humane manner any “prohibited animal” described above. However, Municipal Law Enforcement shall have the authority to kill any animal having characteristics described in Section (A)(1) or (A)(2) hereof when such characteristics make attempted capture dangerous to the law enforcement officer or others in the vicinity.

5. Any personal who shall violate or refuse to comply with the enforcement of the provisions of the foregoing section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars ($100.00) for each offense. A new violation shall be deemed to have been committed every twenty-four (24) hours of such failure to comply.

6. When a nuisance exists as defined in the foregoing section, the Village may proceed by a suit in a Court of competent jurisdiction to enjoin and abate the same in a manner provided by law. In any criminal prosecution, the Court, in addition to any penalty imposed, may enter an order of abatement as part of the judgment in such case.

            SECTION 2.  That all ordinances or parts of ordinances in conflict herewith are hereby repealed. 

            SECTION 3.  That this ordinance shall be published or posted and shall be in full force and take effect July 18, 2022.

            Passed and approved this 18th day of July, 2022.